PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Alex’s Flamingo Groves & Gift Shop may modify these Terms and Conditions at anytime.
Alex’s Flamingo Groves & Gift Shop may change, move or delete portions of, or may add to, this web site from time to time. Your use and browsing of this site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR OUR SERVER THAT MAKES SUCH MATERIAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE MATERIALS ON THIS SITE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Restrictions On Use of Materials
This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Alex’s Flamingo Groves & Gift Shop and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.
All trademarks and logos are owned by Alex’s Flamingo Groves & Gift Shop or its licensors and you may not copy or use them in any manner.
This site is controlled and operated by Alex’s from its offices within the State of Florida, United States of America. Alex’s makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Fees and Risk of Loss
For all charges for any products and services sold on this site, we will bill your credit card. In the event legal action is needed to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We attempt to describe our products as accurately as possible. We do not, however, warrant that product descriptions are accurate, complete, reliable, current, or error-free. If you feel that a product offered by us is not as described, your responsibility is to contact us, so a replacement product may be issued.
In consideration of Alex’s Flamingo Groves & Gift Shop continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Alex’s Flamingo Groves & Gift Shop without any compensation. You agree to execute any and all documents that Alex’s Flamingo Groves & Gift Shop may reasonably request in connection with confirming Alex’s Flamingo Groves & Gift Shop ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.
We may terminate your rights to use this site without notice if you fail to comply with any of these Terms or for any reason in our sole discretion. You will be personally liable for any orders you place or charges that you incur prior to your termination. We reserve the right to change, suspend, or discontinue all or any aspects of our site at any time, without prior notice to you.
You will defend, indemnify, and hold Alex’s (and any affiliated company or individual) harmless from: (i) your use of and access of this site; (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of this site.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.
We respect the intellectual property of others, and we ask that you do the same. Accordingly, if you are uncertain whether material infringes your copyright (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.